Surrogacy is completely legal in Illinois, and the laws here are some of the clearest and most supportive in the country.
Whether you’re an intended parent dreaming of holding your baby or a prospective surrogate ready to help a family grow, knowing your rights is the first step. Understanding the surrogacy legal process in Illinois can help you move forward with confidence.
In this guide, we break down everything you need to know about Illinois surrogacy laws, including enforceable contracts, legal parentage and more. As a national agency with local experience, we can help you start your journey in Illinois. Contact us today to schedule a consultation.
Illinois Surrogacy Laws: What Makes Illinois a Supportive State?
Illinois is one of the most surrogacy-friendly states in the country, thanks to the Illinois Gestational Surrogacy Act (750 ILCS 47/1 through 47/75).
Here’s what you can expect under Illinois surrogacy law:
Enforceable surrogacy contracts Legal parental rights established before birth Inclusive language and protections for LGBTQ+ families Comprehensive medical and psychological screening requirements
That said, the law does define gestational surrogacy as a process where at least one intended parent contributes genetic material. If you plan to use both donor eggs and sperm, extra legal steps will apply.
Is Paid Surrogacy Legal in Illinois? Yes, and Here’s Why That’s Good News
Yes, compensated surrogacy is legal in Illinois. Payments to surrogates are permitted and must be clearly outlined in the surrogacy contract. Compensation covers medical expenses, lost wages, legal fees and a base amount to honor the surrogate’s time and commitment.
At American Surrogacy, we work with surrogates and intended parents nationwide. This means we can help facilitate your journey in a state where surrogacy compensation is legal.
Want to learn more about how much surrogate compensation is in Illinois? You can explore surrogate pay details online.
Are Surrogacy Contracts Enforceable in Illinois?
Yes. Surrogacy contracts in Illinois are fully enforceable, as long as the requirements outlined in the Gestational Surrogacy Act are met.
These requirements include:
One intended parent must be genetically related to the child. The surrogate must be 21 or older, have given birth before and complete health and psychological evaluations. Each party must have their own independent legal counsel. The agreement must be signed in writing before the embryo transfer.
American Surrogacy will work with your attorney to ensure that legal documents reflect your wishes and Illinois requirements.
Surrogacy Contract Checklist
Before starting the legal process, here’s what should be included in a surrogacy contract:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
With American Surrogacy as your guide, you’ll have trusted experts helping you navigate every legal step.
When Do I Need a Surrogacy Contract in Illinois?
The surrogacy contract must be signed before any medical procedures take place, specifically before the embryo transfer. But to get to this stage, you first need to match with a surrogate or intended parents.
The surrogacy timeline can vary depending on what agency you work with and their screening process. Learn how long the process takes and what to expect along the way.
Where Do I Sign My Surrogacy Contract?
To ensure your agreement falls under Illinois jurisdiction, you must sign the contract within the state. While notarization isn’t legally required, most attorneys recommend it as a best practice to prevent any future challenges.
How Will American Surrogacy Support Me During the Contract Stage From Start to Finish?
From day one, we coordinate with trusted surrogacy attorneys to ensure your contract reflects your wishes and complies with Illinois surrogacy laws. Our team works closely with your legal counsel to:
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
Before we even present a surrogate’s profile, we verify that their state’s laws support your journey. That way, you can move forward with peace of mind.
Our Local Offices
If you want to speak with a surrogacy specialist, you can visit one of our offices in Illinois:
Chicago
875 N Michigan Ave, 31st Floor
Chicago, IL 60610
Naperville
Suite 200
Naperville, IL 60563
LGBTQ+ Surrogacy Laws in Illinois: Legal Protections That Affirm Every Family
Illinois laws provide strong legal protections for LGBTQ+ intended parents. Here’s how:
LGBTQ+ parents can be listed as “Co-Parent” and "Co-Parent" on the birth certificate. Married and unmarried couples can obtain pre-birth orders as long as one parent is genetically related. If not, Article 7 of the Illinois Parentage Act requires a court petition. This option is available to married and unmarried couples for added legal security.
American Surrogacy proudly supports all family-building journeys.
Abortion Laws in Illinois and Surrogacy Contract Termination Agreements
Illinois allows abortion up to fetal viability, which is around 23 to 24 weeks. After that, it’s permitted only if the pregnant person’s life or health is at risk.
Termination decisions are addressed in the surrogacy contract. Whether you're a surrogate or intended parent, it's important to consider how these laws might affect your journey.
If you're uncomfortable with local laws, American Surrogacy can help you pursue surrogacy in a different state.
Surrogacy Laws for Establishing Parentage in Illinois: Get Legal Recognition as Parents
Establishing parental rights in Illinois is straightforward for most families.
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Pre-Birth Orders: These are available to single parents, couples (married or unmarried) and LGBTQ+ families if one parent is genetically related.
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Post-Birth Orders: This type of order is required only when the pre-birth process isn’t completed before delivery.
How to Get a Pre-Birth Order
If you're ready to establish legal parentage before your baby is born, here are the steps you'll follow in Illinois:
They'll prepare and file paperwork on your behalf. As long as the administrative process is completed prior to delivery, no hearing is required. You can pick it up from the county clerk within three to five days or receive it by mail in two to three weeks.
International Surrogacy Laws for Intercountry Matches
Illinois doesn’t have separate laws for international hopeful parents, but the same protections apply.
If you live abroad and are considering surrogacy in the U.S., American Surrogacy can help you find a match and navigate the legal requirements.
The Role of a Surrogacy Attorney in Illinois: Your Guide for a Safe Journey
Surrogacy attorneys in Illinois are essential for protecting your rights. They draft and review contracts, ensure state compliance and guide you through the parentage process.
We partner with attorneys across Illinois and can connect you with a trusted professional.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
In Illinois, legal fees typically range from $5,000 to $15,000. Intended parents typically cover the surrogate’s legal fees.
When you work with American Surrogacy, your legal fees are included in our full-service program costs. This means you won’t be hit with unexpected bills later in the process.
Find a Surrogacy Attorney Near Me
Looking for a surrogacy attorney in Illinois? Here are some professionals in our trusted network:
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Tsong Law Group (Cerritos, CA): Ralph Tsong operates out of California but is licensed to practice law in Illinois. He has over 25 years of experience in assisted reproduction, including surrogacy, egg donation, sperm donation and embryo donation. He is a member of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA).
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Law Offices of Mary Beck (St. Louis and Columbia, MO): Joana Beck Wilkinson is licensed to practice in Illinois. She specializes in assisted reproduction, LGBTQ+ family formation and all forms of gamete and embryo donation. She is also a member of AAAA.
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International Fertility Law Group (Los Angeles, CA): Richard Vaughn is based in California but licensed in Illinois. He focuses on assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation and sperm donation. He is a recognized member of AAAA.
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Law Office of Brian Esser PLLC (Brooklyn, NY): Brian Esser is licensed to practice in Illinois. His practice centers around assisted reproduction, including surrogacy, egg donation, sperm donation and embryo donation. He's also an AAA member.
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Ross & Zuckerman LLP (Northbrook): Heather Ross and Nora Zuckerman practice in Northbrook and have been AAAA members since 2010. Their practice includes assisted reproduction, surrogacy, egg donation, embryo donation, sperm donation and LGBTQ+ family formation.
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Johnson, Johnson & Associates LLC (Wilmette, IL): Kara Johnson Green concentrates her practice in reproductive technology law and is a long-standing AAAA member.
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Desai & Miller (Chicago): Nidhi Desai and Marcy Miller are AAAA members with over 35 years of combined experience. Both focus on assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. Nidhi also has expertise in intercountry adoption.
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Stewart, Mittleman & O’Rourke (Clayton, MO): Allan Stewart is licensed in Illinois and has focused on assisted reproduction for over three decades. He has been an AAAA member since 1990.
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Midwest Fertility Law Group (Chicago): Tim Schlesinger provides a full range of services in assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. He’s also an AAAA member.
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Sheila A. Maloney (Downers Grove): With over 30 years of legal experience, Sheila Maloney focuses on assisted reproduction, intercountry adoption, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She has been a member of AAAA since 2000.
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The Family Law & Fertility Law Group (Cincinnati, OH): Rachel Loftspring has an office in Ohio but is licensed to practice in Illinois. She's an AAAA member, and her focus is on assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy.
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Law Office of Denise J. Patton (Village of Lakewood): Denise Patton has more than 25 years of experience in assisted reproduction, intercountry adoption, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy law. She is an AAAA member since 2002.
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Gillespie Law Group LLC (Chicago): Genie Gillespie specializes in assisted reproduction, intercountry adoption, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She has been a member of AAAA since 2011.
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Spence & Elster PC (Lincolnshire and Chicago): Karen Spence focuses her practice on assisted reproduction and has been an AAAA member since 2011.
Explore Our Surrogacy Programs in Illinois: 3 Options to Choose From
At American Surrogacy, we offer three programs designed to support every kind of journey:
Limited Risk Program
This program protects your investment. If challenges arise, such as disqualification, failed embryo transfer or miscarriage, your fees are refunded or credited toward your next attempt.
Foundation Program
This is a pay-as-you-go model with lower upfront costs. If your first embryo transfer is successful, this program could be the most cost-effective option.
Independent Surrogacy Program
If you’ve already matched with a surrogate, we can help you with the rest of the process. This program allows you to avoid duplicate screening costs while still receiving full support from our team.
FAQ: Legal Aspects of Surrogacy in Illinois
Are insurance companies required to cover IVF in Illinois?
Yes. Illinois mandates infertility treatment coverage, including IVF, under specific conditions. Coverage is extended to individuals and couples based on medical diagnosis, sexual and reproductive history and prior treatment outcomes.
Is an embryo considered a person in Illinois?
No. Under the Illinois Reproductive Health Act, embryos and fetuses do not have independent legal rights.
Is traditional surrogacy legal in Illinois?
No. Illinois law only permits gestational surrogacy. Traditional surrogacy, where the surrogate uses her own egg, is not recognized or protected under current law.
Do sperm and egg donors have parental rights?
No. With a donation agreement in place, sperm and egg donors in Illinois do not have parental rights, according to the Illinois Parentage Act.
Is there an IVF tax credit?
No. There isn't an Illinois tax credit for IVF. However, you can deduct qualifying medical expenses at the federal level if they exceed 7.5% of your adjusted gross income.
Ready to Begin Your Surrogacy Journey in Illinois?
You should feel informed, reassured and legally protected every step of the way. At American Surrogacy, we make it easier and more affordable to complete your journey.
Why wait any longer? Let’s make your dream of parenthood a reality. Contact us today to learn more about the matching process.